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<br /> ��'° :�t���136
<br /> At thc option of Bcncficiary, all or any part of thc agrced fecs and chargcs, accrucd intcrest and principal shall bccomc
<br /> immcdiatcly duc and payablc, aftcr giving noticc if requircd by law, upon ihe occurrcncc of a default ar anytimc thcrcaftcr. �..
<br /> � In addition, Beneticiary shall bc cntiticd to all thc rcmedies providcd by law, thc Evidence of Debt, other evidences of debt, •� t�. .. .. _
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<br /> this Dccd of 1'rust and any rclatcd docwnents including without limitation,thc powcr to scU thc Property. t�sn
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<br /> I� lf there is u defaulc,Trustcc shall, in addition to any other permitted remedy, at che requesc of chc Beneficiary, advenise and ;-Y,.-_,_y.-_
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<br /> ; sell the Property as a whole or in separate parcels at public auctiun to ihe highcs� bidder for cash and convcy absolute �ide t�, _ ._._ __-
<br /> ' free and cicar of all right,title and interest of Trustor a[ such cime and place as Trustee designates. Trustee shall give nocice �__.
<br /> � of salc including thc time, [crms and place of sale and a dcscription of the propcny to be sold as required by the appl icable .::��z�,
<br /> law in effcct at the timc of[he praposed sale, r r�---
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<br /> Upon sale of the propercy and to the cxtent not prohibiced by law,Trustee shall make and delivcr u deed to the Property sold
<br /> i which conveys absolute ti[le to the purchaser, and after first paying all fees, charges and costs,shall pay to Beneficiary all
<br /> moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the
<br /> . I principal and interest on the Secured Debt, paying [he surplus, if any, to Trustor. Beneficiary may purchase the Property. _
<br /> The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein.
<br /> i All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled [o aU remedies provided at law or I .��._
<br /> � equity, whether expressly set fonh or noc. The acceptance by Beneficiary of any sum in payment or panial payment on che �
<br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitu[e a waiver
<br /> of Beneficiary's right ro reqiiire full and complete cure of any existing default. By noc exercising any ren�edy on Trustor's „ ---
<br /> default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again.
<br /> IS.EXPENSES;ADVANCES ON COVENANTS; AT"TORNEYS'FEES; COLLECTION COSTS. Except when prohibited
<br /> ' by law, Tivstor agrees to pay all of Beneficiary's expenses if Trus[ot breaches any covenant in this Deed of Trust.Trustor
<br /> ; will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property _
<br /> or in any inventories, audits, inspections or other examination by Beneficiary in respect to che Propeny. Trustor agrees to ��%�"�•
<br /> pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this �t_
<br /> Deed of Trust, including,but not limited to,actomeys' fees,court costs. and other legal expenses. Once the Secured Debt is ;_
<br /> fully and finaily paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any recordation costs. _,�_
<br /> All such amounts are due on demand and will bear interest from the time of the advance at thc highest rate in effect, from .;,,��:_
<br /> �imP t�time;as provided in the Evidence of Debt and as permitted by law. _=��
<br /> 19.ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTA.NCES. As used in chis section, (1) "Environmental Law" ���
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<br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCI.A, 42 �*_�,-_..,._
<br /> U.S.C.9601 et seq.), all other federal, state and local laws,regula[ions. ordinances,court orders, attorney general opinions
<br /> ,.s� ,.
<br /> or interpretive letters concerning che public health, safery, welfare. environmen[ or a hazardous substance; and (?) ,��Y .i ���r-
<br /> "Hazardous Substance" means any toxic, radioactive or hazardous matcrial, was[e, pollutant or contaminant which has :��l',' " � �
<br /> characteristics which render the substance dang�rous or potentially dangerous to the public health, safety, welfare or '�,;,�r'�
<br /> environment. The term includes, withouc limitation, any substances defined as "hazardous material," "toxic substances," �'` ° ,
<br /> "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that, , �.�,���
<br /> except as previously disclosed and acknowledged in writing; "*a�"" '— _
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<br /> A. No Hazardous Substance has been, is,or will be located,transponed, manufac[ured, treated, refined, or handled by — �
<br /> any person on, under or about the Property, except in the ordinary course of business and in strict compliance with ,„ .
<br /> ap applicable Environmental Law.
<br /> B. Trustor has not and will noc cause,contribute to,or permit the release of any Hazardous Substance on the Propeny. ':'� . � �
<br /> C. Trustor will immediately notify Beneficiary if(1)a release or threatened release of Hazardous Substance occurs on,
<br /> under or about the Propcny or migrates or threatens to migrate from ncarby propercy; or(2) there is a violation of F �._
<br /> any Environmental Law conceming the Property. In such an event,Trustor will take all necessary remedial action in
<br /> accordancc with Lnvironmental Law. �� ��
<br /> D. Trusror has no knowledgc of or rcason to believe thcre is any pending or threatencd investigation, claim, or _=•�_.�'-
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<br /> proceeding of any kind relating to(1)any Hazardous Substance loca[ed on, u�der or about the Property;or (2)any _
<br /> violation by Trustor or any tenant of any Environmental Law.Truscor will immediltely notify Beneficiary in writing .. '���
<br /> as soon as Trustor has reason to bclicve there is any such pending or threatencd investigation, claim, or proceeding. ,�
<br /> In such an event, Beneficiary has the tight,but no[the obligation,tu participate in any such proceeding including the
<br /> right to receive copies uf any documents relating to such proceedings. �
<br /> E. Trustox and evcry tenant have been,are and shall remain in full compliancc with any applicable Environmental Law. I
<br /> F. There arc no underground storagc tanks, private dumps or opcn wells locatcd on or under the Property and no such
<br /> tank,dump or well will bc addcd unlcss BeneCiciary first conscnts in writing.
<br /> G. Trustor will regularly inspccc the Property, monitor the activities and operations on the Propercy, and confirm that
<br /> all permits,licenses or approvals required by any applicable Environmental Law are obtained and complicd with.
<br /> H. Truscor will permit, or causc any tenant to permit, Beneficiary or Beneficiary's ugent to enter and inspect thc
<br /> Propetty and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br /> Har.ardous S►ibstance on, under or about the Yroperty; (2)ihe existence, location, nature, and magnitude of any
<br /> H�vardous Substancc that has becn relcascd on, undcr or about thc Propcny; or(3) whcther or not Trustor and any
<br /> tcnant arc in compliancc with applicable Environmcntal Law.
<br /> lI. Upon Beneficiary's request and at any time, Trustor agrees, a[ Trustor's cxpense, to engage a qualificd
<br /> { cnvironmental cngincer to prcparc an cnvironmcntal audit o(thc Property and to submit thc results of such audit to
<br /> � Rrnrfi�•iarv Thr �hnice of the environmental enAineer who will perform such audit is subject to Bencficiary's �
<br /> ' approval.� �
<br /> J. Bcncficiary has thc right, but not thc obligation, ta perform any o( Trusror's obligations undcr this scction at ,
<br /> Trustor's expensc.
<br /> K. As a� rnnseyucncc of any breach of any rcpresentation, warranq�or promisc madc in [his scc�iun, (I) Trustur will I
<br /> inJemnify vtd huld Dencficiary and Bencficiary's succrssors or assigns harmless from and against all losses, daims, ,
<br /> dema��ds, liabilitics, damages, cicanup, response vid remeJiation cosls, p�naltics �uid �xpenses, including without
<br />_ limitation all custs uf litigation and atrorneys' fees, which Brneliciary and Beneficiary's successors or assigns tnay ,
<br /> sustain: vid ('} al E3cncficiary's discrction, Bcuciiciary may rcl�asc this Uccd ul"trust and in rc�urn Trustur will
<br /> provide Bcn�tiriary �t•ittt coilateral uf at Icast rqual valur �o the I'roperty securcd b)� this Deed of 'I'rust without
<br /> prejudicc to.►ny ul E3�nrti�iarp's righ�s undcr�his Uccd uf"Ttust.
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